Showing results for tags 'claims'.
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Good afternoon Everyone, Hopefully someone could help/advise me with a problem I am having with my former employer. I recently resigned from a part-time job working for a well-known Housing Association as they weren't paying me in full for the hours I worked (among other dubious issues). My job started 20th January 2016 and I worked exactly half of my monthly contracted hours between my start date and 31st January 2016 - over four days/shifts. I therefore expected to be paid precisely half my contracted salary (salaried, not paid hourly, unless claiming overtime, which was calculated using an hourly rate). Using the assumption that I would receive half my monthly salary, I was underpaid for January in February's pay. Then, in March, they deducted even more money and claimed that they had overpaid me for January, when I believe the opposite was the case. After numerous emails and telephone calls, staff from payroll claimed that they had initially calculated my hours (15/week) over a 5 day period (3 hours/day), which is what was paid in February's wage. They then said that they had recalculated my hours over a seven day period (2.15 hours/day) hence the deduction in March's pay. However, I actually worked 2 x 7.5 hour shifts = 30 hours - contracted to work 60 hours/month – I have copies of the email from payroll outlining how they calculated January’s wage, copies of my signing-in sheets, copies of overtime sheets showing my working patterns and rotas before I left. As is stands, I have been paid approximately £4.25/hour for the hours I worked in January. After two months of trying to get them to pay me correctly (and among other issues, such as lone working without backup with potentially violent clients) I resigned. Before resigning, I also raised a Formal Grievance and received no response. I am going through the Early Conciliation process with ACAS, but I'm scared of the potential costs and/or risks (i.e. potentially paying their legal costs, they have a huge legal department!) involved taking it all the way to an Employment Tribunal. The Housing Association suggested that I accept two-thirds of what they owe, but I requested to be paid in full. The ACAS conciliator didn't seem too pleased that I didn't accept the offer, which worries me. Someone has also suggested that instead of taking them to a Tribunal that I could take them to Small Claims court instead. I suppose my queries are these: 1) Does it sound like an ‘unlawful deduction of wages’? 2) Does it look like I have a good case for an Employment Tribunal? 3) Would it be better taking them to Small Claims to lower my risks/be more feasible than going through an Employment Tribunal? Could someone be kind enough to impart their knowledge of such matters please, I would be greatly thankful. I hope I've provided enough information, if not please let me know (and apologies if I've gone on too much!). Very best wishes, Ammy -
Hello, Its my first time when i am trying to claim my PPI - can someone help me where to send complains I had a few store cards, all now closed and all information are from my Equifax account DEBENHAMS 2009 - 2013 - NewDay MONSOON 2007 - 2012 - NewDay TOP SHOP - account closed 2009 - GE Money River Island - NewDay NEXT - (2006 - 2012) I had as well Personal loan from Ocean money and again I dont have idea which address to use? Any help will be appreciated -
hello all looking for some help regarding a letter my wife received at our previous address which has been passed to us. its a notice of application for attachment of earnings order with a case number the judgement is Hoist portfolio holding 2 ltd the letter/form says that a judgement has been made against the wife for £1800. shes not even sure what its for as we have received no correspondance regarding this. can anyone help direct me as to what we need to do next i have a feeling that whatever it relates tro is at least 6 years old and as such statute barred but what i sthe process for these things. cheers in advance for any help -
Hi, Looking for some advice for my 83 year dad who signed a contract during a 2 min meeting with "agent" ( no copy left ) from a CMC in his home in Scotland but has clause saying English Courts have jurisdiction. First things first they have demanded payment immediately since day of settlement!. My Dad disputes fee and service. If they sue for this debt will it have to be at the local Sheriff Court court were he lives or would it be at the County Court in England were the company are based. Secondly would the clause that payment due within 7 days of settlement from Bank or the debt will be passed to debt collectors in the contract be regarded as unfair. many thanks for any help in advance
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Having received court paperwork from hoist portfolio holding for a old HSBC overdraft And loan all merged into one account. Sent hoist solicitors a CPR request After hearing nothing submitted a holding defence I now have notice of proposed allocation to small claims track Do I need to tick no to small claims track being appropriate as they have failed with CPR request Can only find conflicting information looking online about what to put:boxing: -
Hello We received a product from a Scottish company (via Amazon) that did not fit the description. It was different in quality and appearance to the picture on the website. They have insisted that we pay considerable carriage to return the bulky goods (flooring). They are clearly in the wrong as far as distance selling and consumer law are concerned. The goods were not as described and therefore the onus is on them to collect and refund. My question: As it is not possible to use money claim online for a scottish defendant, how should i approach this? I don't see why I should use the scottish courts, as the supply was made to england and I want the case heard in my local court, which as a consumer I believe is my right? If the case is heard in scottland they know its not worth my while to proceed and I suspect the reverse is true. i.e. that they will not contest a case in person for £200 so far away. How can I use English courts and have it heard locally? Thanks -
Hi all... I've never had any legal issues in my life, so this is a first for me. Here's the summary: I ordered something via the internet from a large company in Germany using paypal (total cost £50.) I received the item in December. This afternoon, I received an email from the company's lawyer saying that the paypal payment never went through, and they are demanding the intial payment + attorney fees, or they are going to sue me. I just checked my paypal account, and was genuinely surprised to find out that this wasn't a hoax of some kind. My payment didn't go through, which has never happened before with paypal. So I've gone ahead and sent the payment through again (this time it went through successfully.) My question is about the attorney fees they are demanding, which are more than the original item. I've never heard from this company since I made the purchase in December, no emails, phone calls, or invoices in the post. The letter from their solicitor says that they sent me an email, but I've checked my spam folder and I've never received anything from them. Am I responsible for their attorney fee if I settle the bill prior to them suing me? That seems crazy, as I've never heard from them before about any billing problem. Can they sue me in Germany for the legal fees, and would this somehow destroy my credit history? Thanks for any help... -
this is about a Vehicle that needs around 3,500 - 4000 Costs in Repairs or a Full refund. its been over 2 Weeks since I sent the required Extra Information to Claims Team that they asked for . Today I received this email. "I have checked with management and your file is still under review and hope to have a decision to you by next week. Should you have any further queries, please do not hesitate to Is contact us." I Received this email about 6 Days ago "I am sorry to learn of the difficulties that you are experiencing with this merchant. Section 75 of the Consumer Credit Act 1974 covers purchases made using the card costing between £100 and £30,000, where a misrepresentation or breach of contract has been proven. Please be assured that a complete review of your claim is in progress and I will update you as soon as possible. " I was told on the Phone 7 - 10 Days it has been over that. Really not happy about the amount of time they are taking. Is there anything further I should do at this stage ? Its causing a lot of issues in the House and costing us money. I am planning on going Small Claims Route if I need to. as I am pretty sure it is clear cut case It has been just over 4 weeks since Lloyds where made aware of the Issue. . -
Hi all I purchased a Hot and cold sandwich van on a well known auction site for £5000. During the auction, before I made any bids, I asked the seller if the fridge and oven onboard the van had been serviced. He replied to my message and said they has been serviced very recently and all new parts had been fitted. I bid on the van and won. I then travelled to London to pay for and collect the van. The seller showed me the oven and fridge working and stated that the oven operated at a temperature of 70 degrees to keep the food warm. The oven reached this temperature, the fridge was nice and cold, after checking everything else with the vehicle I was happy with it and paid the money. On the way home the oven temperature dropped to 33 degrees and struggled to kick in again. I rang a specialist who stated that the burner in the oven heater along with other parts were probably worn. I explained the seller had told me of the service but he advised me to let him have a look. When he stripped the heater it was apparent it had not been serviced for a long period of time as it was seized into place. The oven burner had a date stamp on which was 4 years old. It cost me £580 to have the parts replaced and the oven reached a temperature of 90 degrees very fast after this which is the mean operating temperature of the oven. So in summary I asked the seller if it had been serviced before committing to buy, he said it had, it obviously had not. Do I have any comeback on this being a private sale and the seller falsely claiming work had been done when it hadn't. I have asked for the seller to provide me with details of where it was serviced but he has refused. Thanks
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Any help would be appreciated. I am trying to establish whether my solicitor has acted negligent by not following the pre-action protocol in respect of a Disrepair claim which has now been settled, after 6 years of my local council denying liability under the OLA 1957. I had an accident during the period where liability was being disputed but my solicitor is claiming that he did not have the funds to pursue a PI claim but never advised me on this, and on checking the pre action protocol under Disrepair claim there is reference that would suggest that in any event, a claim for PI arising from a Disrepair claim could and probably should have been made by a qualified legal representative as the Disrepair procedure makes reference to a PI claim if an injury has occurred because of the disrepair, in this case a out-house flooded everytime it rained.
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FOS see increased complaints about rejected claims
unclebulgaria67 posted a topic in Motor Insurance
http://www.dailymail.co.uk/news/article-3503678/How-new-CD-player-torpedo-car-insurance-firms-refusing-pay-motorists-claims-basic-modifications-without-telling-them.html It would seem Insurers are increasingly rejecting claims, due to Policyholders not declaring information relevant to the risk. If people are in doubt about anything that could affect the risk, they should phone the Insurers to discuss and either get written confirmation or make a full record. The FOS report over 7,000 complaints about Motor Insurance, with 25,000 enquiries. People should be aware that the FOS do try to reduce the number of complaints they handle, by trying to filter out those they do not think have any merit or are not worth looking at. If people think their complaint is not being taken seriously by the FOS, they should obtain other advice by coming to consumer sites like CAG. Depending on the details, it could be worth pursuing in other ways. Remember that the FOS is funded by the financial services companies and has always been underfunded, so struggles to deal with the volume of complaints received. It is not unknown for some complaints to take well over a year to resolve. -
Hi I was wondering if someone can help me with what i can and cant claim for? I rented a property of the local council which have a management company. I got a mains water leak which was reported straight away. The company sent loads of wrong men out and then said it was fixed when it wasn't. I had to call and harass so many people to get them to listen that the leak was not fixed. I was called a lier and ignored. All complaints logged disappeared. They then said they would not fix unless i sign a disclaimer which I refused and then i went to the local MP for help who assigned me a local councillor. He went straight to the council to fight my corner and got me moved. This went on over 4 months. It would have been longer if I wasn't so persistent. There was black mould and damp that had risen up the entire house. I did get evidence of it all. I hired a dehumidifier as the council didn't seem concerned to help with any of the smell and dampness. I have a 1 year old and a 8 year old with autism. It not only effected our health but the stress having to fight every day to get my children somewhere healthy to live. I have been a good paying tenant for over 5 years. As I moved the extent of the damage became apparent. not only had they ripped my wooden flooring for no reason as it was under the kitchen but the damp and mould had spread to the kids room and mine. A lot got thrown but also I have to get all my suits dry cleaned as have mould all over them as they were in a built in wardrobe above the kitchen where the leak started. So why i am on here is i need advise on what i can put into a claim. I asked the council for basic money back for the stuff damaged due to them saying it was fixed when it wasn't and also hire of the dehumidifier but also rent for a property that was inhabitable. My son fell through the wall it got that damp. This is a list of the stuff I asked for: Wood Floor £940 (quote from a company to replace flooring from old property) Mattress 5ft £374.99 Single mattress £94.99 Cot mattress £34.89 Hire of Dehumidifier £504.00 inc VAT 7 Weeks Rent from 21st August 9th November £1169.96 Cloths in the bedroom above kitchen all need dry cleaning as suits and coats, what i can wash in my washing machine i have done 13x @ £6 =£ 78 Sofas £1200 Babies cot £150 rope storage box £40 I did not put compensation as I just wanted to replace what got damaged. They came back with 500 good will and 500 off rent. Can you put in a claim for things we have not replaced as of yet? IE wood floor? All advise welcome. Thank you -
Budget 2016: FCA to regulate claims management companies The government has moved to make the Financial Conduct Authority (FCA) responsible for regulating claims management companies. Announced as part of today's Budget measures, the Treasury said it would introduce a ‘tougher’ regulatory regime for claims management firms. This followed a review of the claims management industry which recommended a cap on the amount such firms can charge. ‘The government is clamping down on the rogue claims management companies that provide bad service and bombard customers with nuisance calls,’ it said. ‘The new regime will be tougher and will ensure claims management company managers can be held personally accountable for the actions of their businesses.’ The Treasury said the FCA would be put in charge of the new regulation. ‘In order to ensure that the new regulatory regime is implemented effectively, the government intends to transfer responsibility for regulating claims management companies.’ The move to regulate claims management firms follows a National Audit Office report into financial mis-selling redress, which discovered claims management firms made between £3.5 billion and £5 billion from the total £22 billion paid out to victims of payment protection insurance mis-selling. City Wire High quality global journalism requires investment. Please share this article with others using the link below, do not cut & paste the article. See our Ts&Cs and Copyright Policy for more detail. Email ftsales.support@ft.com to buy additional rights. http://www.ft.com/cms/s/0/1cadccd4-eb8f-11e5-bb79-2303682345c8.html#ixzz439YM4YFJ The prominence of CMCs has risen in recent years with scandals such as payment protection insurance, where banks have provisioned a total of £30bn for compensation, making it the UK’s costliest instance of mis-selling. CMCs are estimated to have received as much as £5bn of the overall £22.2bn paid out by banks in PPI compensation between 2011 and 2015, according to a recent report by the National Audit Office. Financial Times -
Hi all I wonder if you can help I sold a item on ebay and I sent the item throught parcel2go. I book the parcel on the 17/02/2016 and they was due to pick up the parcel the next day The courier came on the 18/02/2016 to pick up the parcel. parcel2go told me that the parcel would be delivered by the 22/02/2016. It wasn't until the end of the month that that told me by email that they lost my parcel . I put in a claim for the parcel they lost. which they Approved. Since then it been nothing but a nightmare to get my claim money back. I have waited 4 working days for the money to show in my bank account and I'm still waiting for this claim money from parcel2go. I have checked with my bank to see if they know anything and they told me they can;t see anything on their system . I have contacted parcel2go vie live chat and have been told to wait another 2 days and it will be in my bank account. I'm getting so much miss information from parcel2go that I don;t know where I'm going or coming and how many more lies I will get when I talk to them on the live chat service. Can someone help me with this problem with parcel2go as I'm not sure what to do for the best . -
Hello fellow forum members I'm looking for some advise for my sister who has had her insurance renewal come through at a higher than expected price. Upon looking into the renewal, it shows her no claims bonus is at 4 years, not the expected 9years that she should be entitled to. She rang her insurance company today to find out the reasons why this has happened, and they have stated its due to an incident that occurred in 2015. To keep this story shorter, it was a 50/50 clash of mirrors... my sister informed her insurance of the incident (as you should do) and told them that she and the other party would be sorting the issue between themselves, she assumed that was the end of it. So now due to this minor accident, that no one has made a claim on she has lost 5 years of no claims (as she didn't have it protected) due to the fact there "may" be a possible future claim. Does this sound right? It was my understanding that any accident should be reported to your insurance company, but in doing so she is now worse off even though she has gone through the correct channels. Any help or advise would be greatly received. Thank you in advance
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http://www.itv.com/news/central/2016-03-02/disabled-woman-claims-council-bailiffs-illegally-seized-her-car/ A disabled driver claims police and council bailiffs may have broken the law by seizing her car after accusing her of not paying a £60 bus lane fine. Blue Badge holder Cherry Clarke says she was physically removed from her Toyota Yaris by an officer before it was towed away from her home in Perry Barr in Birmingham. She has now been told she has days to pay the fine, which has risen to £93, or her car - her only means of transport - will be sold to pay the debt. Birmingham City Council claims it sent numerous letters to her address and that no Blue Badge was on display when the Toyota was taken. -
I will try to fill you in as briefly as possible! In September I received documents from Northampton of a claim issued by Hoist Portfolio. the particulars of claim were very vague ie no date of debt, no date of assignment etc. I acknowledged immediately and stated intention to defend. I sent off CCA and CPR requests in accordance with the rules. These were disregarded and I received no response. It was allocated to small claims and transferred to my local court. The hearing date was set and a deadline of 25th Feb was set for returning witness statements. At this point I had received precisely zero info from the claimant as requested, I constructed my witness statement along the lines of 'I have no info re the debt so can't defend something I have no knowledge of', the claimant was attempting to frustrate my efforts to defend in not disclosing any information and disregarding my CCA request and CPR request. I served a copy in the claimant and made sure it was with the court in time, brownie points to me I've now received (after the deadline) the claimants statement, and I'm wondering what to do. In their bundle they have the original agreement (in a different name to that on the court docs) but barely legible, a statement of account, and issue of default. My query comes in because on the statement of account, there are payments between July 2009 and Feb 2011 which came from a current account but we're not expressly authorised by myself. The debt is for a credit card and I had a current account with the same bank. So these payments were taken from my current account (I guess under the original contract I signed for the card this was authorised) but I didn't expressly make those payments myself. In fact I seem to remember trying to stop the payments, and they kept taking them without my agreement. Do these count as acknowledgement of debt? If these payments are disallowed, the debt should be statue barred (date of default was 25th June 2009 and I would argue that subsequent payments were not made with my authority). Or does it not matter, as I signed a contract therefore indicating my authority to take these payments? If it's not statue barred what should I do, as I'm now thinking they have me over a barrel even though their documents were late to arrive. Apologies if this doesn't make sense to you all, it does in my little head! Many thanks in advance for any advice you can offer! -
http://www.scotcourts.gov.uk/taking-action/small-claims There are some significant differences between England/Wales - Scotland the link above will advise on how to take action in Scotland (Small Claims) -
Hello, I hope someone can advise. I am looking for some assistance. I have just recieved a Small Claims Summons from a large organisation chasing a debt from a Ltd Company I was a Director for the sum of £840.70. The company I was a Director for dissolved in June 2015. I signed a trade account agreement in my name on behalf of the company as I was the Director. The company only had a £750.00 trade limit. It was a trade account but yet the large organisation is chasing me personally now for the debt. I started the business in the hope of success but was not paid by several customers and did not have the monies to chase the debt so closed the company as it was no longer viable and I got a job. Am I liable for this debt and do I have to pay?
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I bought a car last year for £3000, a month later a hole blew in the block and the engine was a complete write off as you can imagine, I was on the M6 and had been driving at a steady speed for over an hour when this happened. I had only driven the car for 1000 miles since buying it when this happened. The car was sold with a 6month / 3000mile warranty. I had the RAC tow the car to the garage I bought it from. The garage provided me with a courtesy car for 2 weeks until I had purchased another car and assured me they would honour the warranty and repair the car. Since this time the garage has still not repaired the car 6months on and I'm at my wits end with it now and have had enough, I have spoken to CAB in relation to it and they have advised me to send a letter before action to the dealer and take them to small claims court for breach of SOGA. The letter I had sent to the dealer is below. My question is what is the next step in relation to the small claims court, I understand I can do it online but I'm unsure what to put for the particulars for the claim, the claim amount and whether I can add compensation and interest to the claim. Any help would be appreciated.
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Hi all Apologies for the long post. I am in the process of a complaint ith Abta about a holiday i have yet to take but i believe there has been a breach of contract and i want a full refund or flights changed. When you read the complaint it may seem like a small issue but the deceptive behaviour and outright lies are what make me want to cancel with this company. I booked a holiday to go to Turkey on 25th May. I paid the deposit online but received an email a few days later stating that the rooms are not available but they have a different room for £313.07 extra of which Loveholidays would pay half. I said that would be fine but the next day (Sunday) i received another email stating that even those rooms are not available. So i spent the day looking with other companies and found the holiday available with another company for a cheaper price on different dates which were preferential (during half term). My family discussed it and arranged the dates with their work. When i called Loveholidays, i explained that i am phoning to cancel as i have found the holiday cheaper elsewhere with different dates. She agreed as they were unable to find availability and said it would take 3-5 days to get our money back. As i knew it would take at least 3 working days to get the deposit back, i told the manager (Hannah) i had found the holiday cheaper elsewhere with better dates and asked if she could match the new price and dates rather than waiting for a refund. She said she will find out and call me back. She calls me back in the afternoon stating that she has once again found the rooms (the 2nd option) for the original date and that i will still have to pay the extra money. I explained that i did not want and would like to cancel it as the other company was still cheaper and the dates more suitable. She said i would have to pay £400 admin fees for the flights if i wanted to change them but i could not get a full refund as the flights are non-refundable. She had booked the hotel without my consent as i asked if she could match the new price and dates i had found. NONE of this was mentioned in the call earlier that day. I told her to make me an offer so i can choose whether to stay or cancel. At no point did she tell me that if she found room availability i would have to take it. Basically, the choice was taken away from me. If she had stated that in the morning i would definitely have cancelled and she should have mentioned this. Within a few hours i lost the ability to cancel this booking. I never asked her to book the rooms for me. I asked for her to give me options if she could match it but she has not. It is strange how they finally found room availability when i explained i had found the holiday cheaper elsewhere and i am extremely angry that she has done this. It is very conniving. I do not want to be held over a barrel and i did not ask her to book the rooms. I asked her what would be available for me if i decided to stay. While she has agreed to write off the extra money to be paid for the rooms, she has also given me no choice but to stay with Loveholidays. So my question is, should i bother pursuing it through the small claims court as i already know they have replied to Abta and disagree with me so we will be at deadlock. It may seem like a high price to pay for a principle but the lying incompetent manager should not be allowed to do this to people as a sneaky tactic of holding onto customers. Any help appreciated and sorry again for the long post.
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I'm having a really frustrating time with my direct line at the moment regarding an accident I was involved in on a duel carriage way roundabout. I was in the inside lane going forward onto the 2nd exit. He was in the outside lane and needed to take the next exit. As the roundabout was full of traffic it seemed like he was running out of time to get into the correct lane to take his exit. there were cars bumper to bumper behind me but a gap appeared between myself and the car infront. I was going around 25mph at the time following the flow of traffic. Next thing I knew I heard him accelerating really hard and he flew past me just as I was passing his intended exit. He clipped my car and scratched his car from front to back as he scraped the side of my car. He ended up in the lane he was heading for and I stopped on the verge of the roundabout. to me, he obviously found himself in the wrong lane and about to miss his turning, He took a risk to get through the gap and to do so he had to accelerate to twice the speed of moving traffic. He misjudged it and casused damage to both cars. Ok so what my problem is that the insurance company - Direct Line - is representing both parties. Apparently the third party is not accepting liability and is saying it was my fault for obstructing him and because I wasnt taking the immediate turning I was infact in the wrong lane and therefore liable. I messaged the guy, who gave me his numner at the scence of the accident and asked him what he think happened. He told me that the insurance company told him that he was not liable because of these facts. He actually didn't know who was liable until they told him that I was! Ive been told by direct line every time I call that its looking like it might be a 50/50 settlement which isn't right. theyre telling me this without actually having seen pictures of the damage or a full complete statement from the third party or myself! I understand that insurance companies try to save money and time by just automatically ending cases like this on roundabouts as 50/50. They tell me that theyre acting very professionally but honestly I really don't believe them. they've told me that the damage evidence doesn't really matter and that its his word against mind which would mean we are equally liable. But what gets me is that his word was influenced by his insurance company which is also my insurance company! basically I know he was in the wrong. He drove aggressively and dangerously and he took a risk that didn't work out. I wont back down on this as I don't want to have to pay the excess and lose my no claims bonuses and also raise my premium. most of all its the principal. has anyone had this before and if so did you take the decision to another body and challenge the insurance company? -
Please could someone help i bought a car which went faulty after four months. i am taking the dealer to small claims court. i was given a date of 1st feb 2016, took a day off work to attend got back yesterday from holiday to find a letter from chesterfield court to say it has been struck out as i failed to comply with the previous order requiring the filing of evidence to be relied upon. im no solicitor so having gone through the paperwork i realised the court wanted me to get an expert to check the vehicle and submit his foundings. im not sure what to do now as ive paid £3250 for the car £185 for the initial fee and then a further £355 for a hearing which has now been struck out! Can i ask to resubmit the case and if so will i have to pay again i was due in court tommorow. please help
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Been In consultation, a protocol due soon. https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/472908/pap-for-debt-claims-consultation-november-2015.pdf
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READ MORE HERE: http://www.theguardian.com/uk-news/2016/jan/22/david-cameron-calls-for-action-on-spurious-claims-against-iraq-veterans
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